PROCEDURE-COURT

Tenant's Use and Occupancy Payments Limited by HSTPA

February 24, 2021    

Landlord sued to evict tenant, based on claimed illegal conversion of the apartment by tenant's installation of partitions and creating added rooms in the unit. Landlord asked the court to direct tenant to pay...

Defective Rent Demand Resulted in Dismissal of Eviction Proceeding

December 21, 2020    

Landlord cooperative corporation sued to evict shareholder tenant for nonpayment of rent. The court granted tenant's request to dismiss the case, finding that landlord's rent demand didn't contain a good-...

HDFC Didn't State Cause for Termination in Its Eviction Petition

December 14, 2020    

Landlord HDFC sued to evict tenant, who had only a verbal rental agreement. Tenant asked the court to dismiss the case because landlord hadn't stated any cause to terminate her tenancy in its court papers. The...

Virtual Trial Doesn't Deny Tenants Due Process

December 10, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in 2017. Other apartment occupants responded, claiming that they were the rightful tenants. They also claimed rent overcharge and that the monthly...

NYCHA Eviction Petition Didn't Comply with Required Format

October 28, 2020    

Landlord NYCHA sued to evict apartment occupant whose license to occupy the unit had expired. The occupant asked the court to dismiss the case because landlord didn't include required language in its eviction...

Section 8 Tenant's Appeal of NYCHA's Termination of His Benefits Untimely

October 27, 2020    

Tenant participated in a project-based Section 8 program in NYCHA housing. NYCHA sent tenant a T-3 termination notice dated Aug. 16, 2018, advising tenant that his Section 8 subsidy would be terminated in 45 days...

Use and Occupancy Denied Due to Outstanding Class "C" Violation

September 27, 2020    

Landlord sued to evict tenant for creating a nuisance by flooding his apartment as well as a downstairs neighbor's apartment. While the case was pending, landlord asked the court to award use and occupancy based...

Judgment by Agreement Against Deceased Tenant's Son Was Void

September 21, 2020    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant's family member signed a court-ordered settlement agreement that gave landlord possession and $6,000 in back rent owed. The court then...

74 Tenants Can Sue Separate Landlords in One Action Seeking Class Certification

July 24, 2020    

Seventy-four tenants sued a number of landlords of different buildings for rent overcharge in one lawsuit that they sought to designate as a class action. Tenants claimed that there was a systematic effort...

NYCHA Sanctioned $1,000 for Altering Documents in Warrant Clerk's File

June 26, 2020    

Landlord NYCHA sued to evict tenant. The court ruled for NYCHA and issued an eviction warrant. When landlord went to the court clerk's office to process the eviction warrant, the warrant was rejected for missing...

Court Must Take Back Dismissed Rent Overcharge Case After Collazo Ruling

June 26, 2020    

Tenant sued landlord, claiming improper deregulation and rent overcharge. Tenant claimed that he was rent stabilized. Landlord asked the court to dismiss the case, arguing that the DHCR had primary jurisdiction over...

Court Orders Joint Trial of Two Tenants Claiming Overcharge in 421-g Building

June 26, 2020    

In separate court actions, two tenants sued landlord, claiming that they were improperly deregulated and being overcharged by landlord. The building received 421-g tax benefits. Landlord asked the court to...